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15-2502 - City of South Lake Tahoe Retirees Association v. City of South Lake Tahoe


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15-2502 - City of South Lake Tahoe Retirees Association v. City of South Lake Tahoe
May 23, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 05/23/16 ORDERING that plaintiff's 21 Rule 60 Motion is DENIED. An order to show cause as to why plaintiff did not appear at the hearing on defendant's motion to dismiss will not be issued, as the court had previously contemplated. The court confirms that the matter is submitted, and a written order will follow; the 06/17/16 hearing is VACATED. (Benson, A)
July 26, 2016
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ORDER signed by District Judge Kimberly J. Mueller on 7/25/2016 ORDERING that the court GRANTS defendant's 8 motion to dismiss in part WITH LEAVE TO AMEND as to associational standing, and DENIES the balance of defendant's motion. Plaintiff shall file any first amended complaint within twenty-one (21) days of the date of this order. (Zignago, K.)
August 9, 2016
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STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 8/9/16. Initial disclosures shall be completed within 30 days. All discovery shall be completed by 4/28/2017. Designation of Expert Witnesses due by 4/28/2017, and supplemental expert rebuttal disclosure due by 5/19/2017. All expert discovery shall be completed by 6/16/2017. All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 6/30/2017. All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than 6/30/2017. The Final Pretrial Conference is set for 11/17/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The parties shall confer and file a joint pretrial conference statement by 10/27/2017. The Jury Trial is set for 1/8/2018 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Trial briefs are due by 12/22/2017. This matter is REFERRED to the court's ADR Coordinator, Sujean Park, for the convening of a VDRP session to take place in November 2016. (Kastilahn, A)
May 31, 2017
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TEMPORARY RESTRAINING ORDER signed by District Judge Kimberly J. Mueller on 05/31/17 ORDERING the 42 Motion for TRO is GRANTED. The City of South Lake Tahoe and its agents, representatives, and all persons acting in concert or participating with the City is/are TEMPORARILY RESTRAINED and ENJOINED from making any payments, disbursements, or expenditures of money of any kind or character from the City's approximate $6.6 million segregated Retiree Health Savings Plan Trust, which is sometimes also referred to as the Other Post Employment Benefit (OPEB) Trust Fund, and is hereinafter referred to as the "Trust Fund". The City of South Lake Tahoe is to appear either personally or by counsel on 6/27/2017 at 02:00 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller to address whether: The City and its agents, representatives, and all persons acting in concert or participating with it should be enjoined and restrained during the pendency of this action from engaging in, committing, or performing directly or indirectly any of the following acts: a. Spending down the Trust Fund to fund its "Optional Opt-Out Election of Post-Employment Medical Plan;" b. Spending down the balance of the Trust Fund to pay the California Public Employees Retirement System (CalPERS) for pension costs; and c. Using the Trust Fund money for purposes not directly connected to retiree health benefits; and 2. The Court should impose a constructive trust upon the Trust Fund restricting its use to payment of retiree health benefits to retirees and their beneficiaries during the pendency of this action. This order and TRO and all of CSLTRA's ex parte papers including memorandum of points and authorities and declarations shall be served on the City of South Lake Tahoe or their counsel no later than 06/01/17, by overnight mail/e-service/personal service. Proof of such service shall be filed with the Court at least 21 court days prior to the hearing; any opposition to a preliminary injunction shall be filed and served on CSLTRA's counsel by e-service no later than 06/13/17; any reply papers to the opposition shall be filed and served on the City of South Lake Tahoe and its counsel by e-service no later than 06/20/17; and CSLTRA shall not be required to post a security bond. (Benson, A)
June 27, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 6/26/2017 DENYING 32 Motion to Dismiss in its entirety; ORDERING the City of South Lake Tahoe file an Answer to the plaintiff's 29 First Amended Complaint within fourteen (14) days. (Michel, G.)
August 10, 2017
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ORDER AMENDING SCHEDULING ORDER signed by District Judge Kimberly J. Mueller on 8/10/17, ORDERING that the Discovery cutoff is 12/1/2017, Expert Disclosures due 12/1/17, Supplemental Expert Disclosures due 12/22/17, Completion of Expert Discovery due 1/19/2018, All Dispositive Motions due 2/9/2018. (Kastilahn, A)
September 11, 2017
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ORDER GRANTING 60 Motion For Leave to File a Second Amended and supplemental Complaint signed by District Judge Kimberly J. Mueller on 9/11/17. The Clerk of the Court is directed to file on the docket the Second Amended and Supplemental Complaint that is attached as Exhibit 1 to the Declaration of Joseph W. Rose accompanying CSLTRA's MOTION. See ECF No. 60-1. Defendant shall have 21 days to answer or otherwise respond to CSLTRA's Second Amended and Supplemental Complaint.(Mena-Sanchez, L)
September 21, 2017
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ORDER signed by District Judge Kimberly J. Mueller on 9/21/17 ORDERING that the hearing on Plaintiff's MOTION for Preliminary Injunction 63 is RESET for 12/8/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The hearing on Plaintiff's MOTION for Leave to File a Second Amended and Supplemental Complaint (SAC), 60, set for 9/22/2017, is VACATED. Defendant's response to Plaintiff's SAC is due on 10/30/17.(Mena-Sanchez, L)